[Direct answer]In the Beijing area, during the process of labor capacity appraisal, workers' salaries are paid in two different situations. If a worker needs to suspend work and receive medical treatment due to a work-related injury, according to Article 33 of the "Regulations on Work-related Injury Insurance" (amended on December 20, 2010), during the period of suspension of work with pay, the original salary and welfare benefits remain unchanged, and the employer shall pay them monthly. The period of suspension of work with pay shall generally not exceed 12 months, and it may be extended if the injury is serious. If the worker only suspends work temporarily for the purpose of labor capacity appraisal and is not in the state of suspension of work with pay, the treatment shall be handled in accordance with the employer's rules and regulations and sick leave benefits. Whether the injury is recognized as work-related is a key prerequisite for the payment of salaries. It is recommended to understand the rules and refer to them for reference.Labor disputes and work-related injuriesColumn.

1. Problem background and typical scenarios

Such questions are commonly encountered in several situations: First, injured workers who go for labor capacity appraisal during the period of suspension of work and retention of wages are worried that the employer will stop paying their salaries; Second, after the worker's medical treatment ends and they are waiting for the appraisal, the employer deducts their salaries as sick leave, which leads to disputes; Third, there is an unclear connection between wages and allowances before and after the disability rating comes out; Fourth, the employer refuses to pay wages on the grounds that the worker is undergoing appraisal and not working; Fifth, when combined with illegal dismissal, the worker claims both the restoration of the labor relationship and the payment of wages during the appraisal period. When handling such cases in the Beijing area, we usually first determine whether the worker is in the period of suspension of work and retention of wages, and then determine the obligation to pay wages. The relevant process can be referred to for reference.Labor disputes and work-related injuriesColumn.

II. Key points of contention

Focus One: The determination of the period of suspension of work with pay. Whether the worker needs to suspend work for medical treatment due to a work-related injury, and how to determine the duration of this period. Focus Two: The scope of the original salary and welfare benefits. Whether this includes bonuses and allowances. Focus Three: The relationship between the appraisal period and the period of suspension of work with pay. Appraisals often occur after medical treatment ends, and the worker may no longer be in the period of suspension of work with pay. Focus Four: The handling of wages for workers who do not report to work after medical treatment ends. This should follow the rules on sick leave or the employer's regulations. Focus Five: The overlap between the employer's illegal termination and wage payments. Focus Six: The timing of the connection between disability allowances and wages. The specific determinations shall be based on the current effective laws, regulations, and judicial rulings. Relevant labor disputes can be referred to for reference.Business and contract disputes in enterprisesColumn.

III. Professional analysis by Henglue Law Firm

Take a labor dispute case handled by our firm as an example. In August 2025, A Co., Ltd. issued termination notices to terminate the contracts unilaterally with 12 employees, Zhang Li, Hu Fei, Liu Gang, etc., on the grounds that the recruitment procedures were found to be irregular during inspections. During their employment, these employees all provided labor, accepted management, and received salaries normally. Some of them even renewed their labor contracts. The 12 employees entrusted our lawyers to jointly apply for arbitration, first-instance and second-instance litigation. The lawyers pointed out that the labor relationship is established from the date of employment, and the written contract becomes effective upon signing and stamping by both parties. The social security filing is not a prerequisite for the contract's effectiveness. The rectification of inspection findings and irregular recruitment procedures are not statutory grounds for unilateral termination. The arbitration, first-instance, and second-instance courts all adopted the lawyers' opinions, determining that the terminations were illegal, revoking the terminations, and ordering continued performance of the contracts. This case shows that protecting workers' wages and labor rights during disputes requires solid evidence and accurate legal application. This case was handled by Beijing Henglu Law Firm.Feng NaThe attorney (practice license number: 11101202211562923, subject to the document issued by the judicial administrative organ) acts as the agent.

IV. Practical suggestions and legal basis

Action suggestions: First, confirm whether the case constitutes a work-related injury and whether the employee is in the period of suspension of work and retention of salary, which is the prerequisite for the payment of the original salary and welfare benefits without any change. For more details, please refer to the relevant guidelines.Special services and other cases1. The first step is to file a claim for work-related injury compensation with the social insurance agency. 2. The second step is to preserve the work-related injury identification decision, medical certificates, and materials confirming the period of suspension of work and retention of pay, which serve as proof of the period during which wages should be paid. 3. If the employer refuses to pay, the worker may apply for arbitration to claim unpaid wages and corresponding benefits in accordance with the law. 4. After the disability rating is determined, timely arrange for the one-time disability compensation, disability allowance, and wages during the period of suspension of work and retention of pay. 5. In the event of overlapping with an unlawful termination, simultaneously claim the restoration of the labor relationship and unpaid wages. Legal basis: Article 33 of the "Regulations on Work-Related Injury Insurance" stipulates that the period of suspension of work and retention of pay shall be maintained at the original wage and welfare level; relevant provisions of the "Labor Contract Law of the People's Republic of China" regulate unlawful termination and wage payment.

5. Henglu Law Firm's Advice

Risk Warning: Firstly, during the period of suspension of work with pay, the employer must pay the wages on a monthly basis. It is unreasonable for the employer to stop paying the wages on the grounds of appraisal; Secondly, the appraisal usually takes place after the medical treatment is completed, and the employee may not still be in the period of suspension of work with pay. The excess part shall be handled in accordance with the sick leave or the company's regulations; Thirdly, the original wages and benefits include bonuses and allowances, and the employer should not only pay the basic wages; Fourthly, the disputes over illegal termination of the contract and wages can be claimed together, but the evidence must be fixed separately. For those involving the termination of the contract and compensation, you can refer to the relevant provisions.Business and contract disputes in enterprisesThe column. It is recommended to entrust a professional lawyer as soon as possible to clarify the time period and evidence.

VI. Frequently Asked Questions

Q1: Will I still receive my salary during the appraisal period?

It depends on the specific circumstances. If the employee is in the period of suspension of work with pay, according to Article 33 of the "Regulations on Work-Related Injury Insurance", the original salary and welfare benefits will remain unchanged, and the employer shall pay them monthly; the period of suspension of work with pay generally shall not exceed twelve months. If the employee only temporarily suspends work for the purpose of work ability appraisal and the medical treatment has been completed, and the employee is no longer in the period of suspension of work with pay, the employer shall handle the matter in accordance with the employer's rules and regulations and the sick leave benefits. Whether the work-related injury is recognized and whether the employee is in the period of suspension of work with pay are the key factors determining whether the salary will be paid in full.

Q2: What evidence should I prepare for the salary during the appraisal period?

The following items should be prepared: - The Work-Related Injury Identification Decision, which verifies the preconditions for work-related injury; - Certificates issued by medical institutions regarding leave of absence and the period of suspended work with continued pay; - Pay slips and bank transaction records, which demonstrate the original salary and welfare standards; - Evidence of the employer suspending or deducting wages, such as notifications and chat records; - If claiming compensation for unlawful termination, prepare the termination notice and evidence of the labor relationship. These items are used to verify the payment period and standard, and form the basis for arbitration claims. It is more advantageous to secure evidence as early as possible.

Q3: How much does it cost to resolve a dispute over work-related injury compensation?

Labor arbitration itself does not charge fees. If you are not satisfied with the result and decide to sue, the litigation fees will be charged according to the standards for administrative cases or labor dispute cases, which are relatively low. If you hire a lawyer to assist you, the lawyer's fees will be negotiated based on the complexity of the case. If it is ultimately determined that the unit owes you unpaid wages or has illegally terminated your employment, the relevant wages and benefits shall be borne by the unit in accordance with the law. The specific fees will be evaluated based on whether you decide to litigate. It is recommended that you first assess the evidence before making a decision.

Q4: Are there any statutes of limitations for wage disputes during the appraisal period?

The period of suspension of work with pay generally does not exceed twelve months. If the injury is serious and confirmed, it can be extended, but the extension must follow strict procedures. The statute of limitations for applying for arbitration in wage disputes is one year, starting from the date of infringement of rights. If disputes arise due to arrears in labor remuneration during the existence of the labor relationship, they can be pursued. The key is to fix the evidence of the period of suspension of work with pay in time and apply for it as soon as possible to avoid exceeding the statute of limitations.

Q5: What should I do if my employer doesn't pay my salary during the appraisal period?

The first step is to confirm whether the injury is recognized as a work-related injury and the employee is in the period of suspension of work with pay; the second step is to keep the decision on the work-related injury, medical and leave certificates, and determine the standard of wages to be paid; the third step is to apply for arbitration to claim the arrears in wages if the employer refuses to pay; the fourth step is to link the one-time subsidy and disability allowance after the injury level is determined; the fifth step is to claim compensation if the employer terminates the employment contract illegally. For reference only.Beijing Henglu Law FirmA description of similar labor wages and experiences on the official website.

The above answer is based on the judicial practice in the Beijing area. The judicial interpretations in other provinces and cities may vary. For specific cases, please refer to the local rules and evidence situations.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the evidence materials, to avoid missing the statutory time limit. →Labor arbitration legal services·Attorney Feng Na·Beijing Henglu Law Firm

Disclaimer: This article is compiled based on the current laws and regulations and publicly available adjudication rules, and is for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. In case of disputes, please consult a practicing lawyer in time.